Section 504

Section 504 of the Rehabilitation Act of 1973, codified at 29 U.S.C. § 794, prohibits discrimination against individuals with disabilities in any program or activity that receives federal financial assistance or that an executive agency or the United States Postal Service conducts. Section 504 protects against discrimination in a wide range of scenarios, including education, employment, healthcare, and housing. Under the statute, a plaintiff has the initial burden to demonstrate a prima facie case of unlawful discrimination. A plaintiff who successfully establishes a prima facie case raises a rebuttable presumption of unlawful discrimination, and the burden shifts to the defendant. To rebut the presumption, the defendant must articulate a legitimate, non-discriminatory reason for the disparate treatment. If the defendant fails to rebut the presumption, the court may find the defendant liable for violating the statute.

Elements of a Prima Facie Case

  • The individual is a “qualified individual” with a disability under 29 U.S.C. § 705(20); 
  • They are “otherwise qualified” to participate in or receive the benefit of the program or activity;
  • The program or activity excluded the individual from participation or denied the individual benefits solely because of disability; and
  • The program or activity at issue receives federal financial assistance. 

See: Rothschild v. Grottenthaler, 907 F.2d 286 (2d Cir. 1990).

Qualified Individual

An individual is a “qualified individual” if they meet the Act’s definition of a disabled individual. Courts usually interpret this definition consistently with the Americans with Disabilities Act (ADA). The ADA defines disability as “a physical or mental impairment that substantially limits one or more major life activities” of the individual. See: 42 U.S.C. § 12102(1). Major life activities include "functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” See: School Board of Nassau County, Florida v. Arline, 480 U.S. 273 (1987).

Otherwise Qualified

An individual is “otherwise qualified” if they can “meet all of a program’s requirements in spite of” their disability. See: Southeastern Community College v. Davis, 442 U.S. 397 (1979). In the context of employment, the individual must be able to perform “the essential functions” of the job in question. When a disabled individual cannot perform the essential functions of the job or meet all of a program’s requirements, courts may determine whether any “reasonable accommodation” by the employer would enable the individual to perform the duties. See: School Bd. of Nassau County v. Arline. An accommodation does not qualify as “reasonable” if it imposes “undue financial and administrative burdens” … or “requires a fundamental alteration in the nature of the program.” See: Southeastern Community College v. Davis.

Exclusion Solely by Reason of Disability

Under Section 504, the “solely by reason of” element creates a strict standard that requires the disability to be the only cause of the discrimination. Section 504  does not include actions taken for nondiscriminatory reasons and “does not prohibit disparate impact discrimination.” See: Schobert v. CSX Transportation Inc., 504 F.Supp.3d 753 (2020). Unlike similar standards under the ADA, Section 504 does not allow for mixed-motive claims where disability is one of multiple factors. 

Federal Financial Assistance 

In United States Department of Transportation v. Paralyzed Veterans of America, 477 U.S. 597 (1986), the U.S. Supreme Court delineated between programs and activities that receive federal financial assistance and those that benefit from it. The Court held that Section 504 limits its scope to recipients, and does not reach program beneficiaries. In this context, a beneficiary is an individual or entity “in a position to accept or reject” the obligations of Section 504 as a part of their decision on whether or not to receive federal funding.

[Last reviewed in September of 2026 by the Wex Definitions Team]

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